Communities of color are often exposed to greater amounts pollution than others. These higher exposures increase the risk of developing cancer, other health ailments, or simply intolerable living conditions, not to mention damage to property and reduced property values. State agencies often lack the will and authority to protect communities of color from these risks. The Alliance will seek equal justice for communities of color by exposing regulatory agency failures, challenging agency authorizations to pollute, petitioning for the adoption of rules to protect human health from cumulative exposures to contaminants, and enforcing civil rights laws.
Alliance prepares mapping tools showing Alabama and Florida facilities releasing toxics that pose health risks to minority communities
Open side panel to see legend by clicking on >> icon. Click on dots to identify facilities and see data. Click on census block groups to see population and percent minority.
Alliance Supports Black Residents' Lawsuit Challenging Validity of ADEM Landfill Rules
Mar. 11, 2020 -- Alabama Governor Kay Ivey signed into law Act No. 2020-30 which authorizes the Alabama Department of
Environmental Management to approve the use of materials other than earth as cover at landfills.
Dec. 3, 2019 -- The Alabama Supreme Court granted ADEM permission to appeal the decision of the Court of Civil
Appeals.
Oct. 11, 2019 -- The Alabama Court of Civil Appeals unanimously (5 judges) held that the ADEM rules allowing
landfill wastes to be covered with materials other than earth are invalid because they exceed the the agency's
statutory authority. The Court reversed the decision of the trial court and directed that the trial court enter a
judgment in favor of the plaintiffs. Click on the image to the right to read the Court OPINION.
Jan. 23, 2019 -- The Alliance is providing financial support to allow three Black residents to appeal a circuit court decision upholding
ADEM rules that allow landfill wastes to be covered with materials other than earth. These alternative materials include tarps,
petroleum contaminated soil, coal ash, and automotive shredder residue. As a result of using these alternative materials, the
residents claim they are suffering exposure to offensive odors and disease-carrying insects, rodents, and other animals and reduced
property values. The basis of their appeal is language in State law that specifies that waste shall be covered daily with six inches of
compacted earth. The Alliance seeks additional contributions to support this appeal.
Alliance Supports Lawsuit Against ADEM Director for Adopting Invalid Discrimination Procedures
Feb. 14, 2019 -- In an effort to comply with EPA regulations and secure the continued
receipt of millions of dollars in grant funding from EPA, ADEM has adopted
environmental discrimination grievance procedures. These procedures are supposed
to be followed when persons complain that ADEM actions have subjected them to
discrimination on the basis of race, color, national origin, or sex. Under these
procedures, ADEM is required to determine if it has jurisdiction over a complaint, and if
it does, to investigate the complaint and provide a prompt and fair resolution of the
complaint.
Unfortunately, the procedures are invalid for a number of reasons. First, they were
adopted by the Director of ADEM who lacks the authority adopt "rules" and "environmental policies." Second, they were adopted
without public notice and public comment required by two statutes. And third, the Legislature did not grant ADEM authority to
consider discrimination on the basis of race, color, national origin, or sex in any administrative decision. Thus, the procedures cannot
provide a meaningful resolution of any complaints alleging such discrimination.
Five Black individuals residing in three different counties in Alabama have filed a lawsuit against the Director of ADEM contesting the
validity of the procedures in hopes that the Legislature will grant ADEM the authority to consider racial discrimination in its
administrative decisions, that the procedures wll be subjected to public notice and comment, and that the procedures will be adopted
by the Alabama Environmental Management Commission.
The Alliance is providing financial support to enable the Black residents to seek justice. Donations to the Alliance will help pay for